This form is an official California Judicial Council form which complies with all applicable state codes and statutes. USLF updates all state forms as is required by state statutes and law.
A forcible entry and detainer is an action that a landlord, or new property owner can take if the existing occupant refuses to leave after appropriate notice. This occupant could be either a tenant or original owner of property that was sold at a foreclosure or trustee's sale. The laws governing forcible entry and detainer actions are different if the property is residential or non-residential.
The tenant/occupant must receive a written demand to vacate the property. The term of the period to vacate is dictated by the type of occupancy - whether commercial or residential and whether a tenant or a owner that was foreclosed on. This term normally is either 5 or 7 days, unless the contract states otherwise. After the 5-7 days expire and the tenant/occupant still refuse to leave then a complaint for a forcible detainer action can be filed. The statutes provide for a short notice period before a court hearing. The sole issue at the court hearing is whether or not the tenant/occupant has the right to possession. If they do not then they will be found guilty of a forcible entry and detainer.
Description: The Corona California Declaration for Default Judgment by Court — UnlawfuDetainede— - Civil Procedure 585d is a crucial legal document that pertains to the process of obtaining a default judgment in an unlawful detained case in Corona, California. This declaration is filed by the plaintiff or the landlord when the defendant or the tenant fails to respond to the unlawful detained lawsuit within the specified time frame. A default judgment is a legal ruling issued by the court in favor of the plaintiff when the defendant fails to take any action, such as filing an answer or appearing in court, thereby waiving their right to contest the lawsuit. In an unlawful detained case, it is generally filed when the tenant fails to respond to the eviction lawsuit within five days, as required by law. The Corona California Declaration for Default Judgment by Court — UnlawfuDetainede— - Civil Procedure 585d consists of various key elements that need to be included for a successful default judgment. These include: 1. Plaintiff Information: This section requires the plaintiff's name, contact information, and representation details (if applicable). It establishes the party seeking the default judgment. 2. Defendant Information: Here, the defendant's name, contact details, and representation (if any) are provided. This clarifies the identity of the tenant against whom the default judgment is sought. 3. Case Information: This part requires details such as the case number, court name, and department. It helps identify the specific lawsuit and court handling the unlawful detained case. 4. Declaration Statement: In this section, the plaintiff declares under penalty of perjury that the defendant has failed to respond or otherwise defend against the unlawful detained lawsuit within the prescribed timeframe. It confirms that the defendant is in default. 5. Grounds for Default: The declaration should state that the defendant's default is due to non-response within the specified time frame. It elucidates that the defendant has waived their rights to contest the allegations in the lawsuit. The Corona California Declaration for Default Judgment by Court — UnlawfuDetainede— - Civil Procedure 585d is a critical document used in various types of unlawful detained cases in Corona. Some specific types that may require this declaration include: 1. Failure to Pay Rent: When a tenant fails to pay rent as agreed upon in the lease agreement, the landlord can file an unlawful detained lawsuit seeking eviction and the recovery of unpaid rent. 2. Violation of Lease Terms: If a tenant breaches significant terms of the lease agreement, such as causing excessive damage to the property or engaging in illegal activities, the landlord can file an unlawful detained lawsuit to terminate the tenancy. 3. Holdover Tenants: When a tenant remains on the property after the lease agreement ends without renewing or agreeing to vacate, the landlord can take legal action through an unlawful detained lawsuit to remove the holdover tenant. In summary, the Corona California Declaration for Default Judgment by Court — UnlawfuDetainede— - Civil Procedure 585d is an important legal document that allows landlords or plaintiffs to obtain a default judgment in an unlawful detained case in Corona. It enables them to secure an eviction order and recover possession of the property when the defendant fails to respond within the required timeframe.
